2012 Ohio Workers’ Compensation News

2012 Ohio Workers’ Compensation News

Administrative

December, 2012

  • See the 2013 rates for workers’ compensation awards on our rates page.

Court

December, 2012

  • The Supreme Court limited R.C. 2745.01, the intentional tort statute, and held that an injured worker can only establish an R.C. 2745.01(A) intentional tort by showing that the employer acted with deliberate intent to cause the injury. Read more >>

Court

November, 2012

  • The Supreme Court ruled that for an R.C. 2745.01 intentional tort “equipment safety guard” means a device designed to shield an operator from injury. The Court also ruled that the statutory term “deliberate removal” refers to an employer’s deliberate decision to eliminate the safety guard. Read more >>

Administrative

October, 2012

  • The Commission revised five Hearing Officer Manual policies: memo C.3 (jurisdiction over MMI), C.4 (salary continuation), M.5 (documentation submitted by physician assistants, advanced practical nurses, certified nurse practitioners, and clinical nurse specialists), R.2 (Commission hearings — court reporters) and R.7 use of audiovisiual evidence). Read more >>

Administrative

September, 2012; Updated: October, 2012

  • The Commission is considering amendments to O.A.C. 4121-3-09 (Conduct of hearings before the commission and its staff and district hearing officers); O.A.C. 4121-3-10 (Lump sum payments for attorney’s fees for securing an award); O.A.C. 4121-3-13 (Disputed self-insuring employers’ claims); O.A.C. 4121-3-15 (Percentage of permanent partial disability); O.A.C. 4121-3-32 (Temporary disability); and O.A.C. 4121-3-34 (Permanent total disability). The Commission determined that three other provisions need either no amendment, or minor amendment. The Commission scheduled a public hearing on Friday, October 12, 2012, at 1:30 in the William Green Building to consider these amendments. Read more >>

Administrative

August, 2012

  • The BWC adopted new C-84 Request for Temporary Total Compensation) and MEDCO14 (Physician’s Report of Work Ability) forms, effective August 17, 2012. Read more >>

Administrative

August, 2012

  • H. B. 487, the 2012 budget bill, changed the method of payment for amputation awards. The bill amended R. C. 4123.57(B) to provide for payment of amputation awards in weekly installments, instead of in a lump sum. This provision becomes effective September 10, 2012.

Court

July, 2012

  • The Supreme Court held that the Commission improperly found that an injured worker committed fraud because fraud requires knowing misrepresentation of a material fact. Read more >>

Court

June, 2012

  • Two cases currently before the Supreme Court involve interpretation of R.C. 2745.01, the intentional tort statute. One of the cases involves the requirements for an intent/substantial certainty intentional tort, while the other involves the meaning of the provision prohibiting removal of an equipment safety guard. Read more >>

Administrative

May, 2012

  • The Industrial Commission adopted an “agreement as to compensation for permanent partial disability”, form IC-GC-1. Parties can use this form to agree to the amount of a permanent partial award. When signing the form the parties agree to the amount of permanent partial. The form also states that the parties waive their right to notice of hearing and their right to appeal the award.

Court

April, 2012

  • The Ohio Supreme Court decided that an injured worker who worked at a job involving seasonal unemployment can have those weeks of unemployment excluded from the average weekly wage calculation, as long as the period of unemployment did not occur due to a lifestyle choice. Read more >>

Court

April, 2012

  • The Ohio Supreme Court held that a party can pursue an R.C. 4123.512 appeal to court even if they did not name the Administrator of the BWC as a party to the appeal. Read more >>

Administrative

March, 2012

  • The Industrial Commission will add video evidence to its document management system. The Commission will make such evidence available on I.C.O.N. and at hearings. Video evidence will show in the list of claim documents as document type “HCE” and the document description will state “video.” Not all offices can currently upload videos, although they should soon have that ability. If video evidence does not show up on the list of claims documents, the party presenting the video will need to bring the video evidence, and equipment to play the video evidence, to the hearing.
  • Memo R.7 of the Hearing Officer’s Manual governs use of audiovisual evidence at hearings. Any party planning to use video evidence must provide notice either when filing a motion based on the evidence or 14 days before the hearing (whichever is earlier). The party must also provide a written synopsis of the evidence when it files its notice. Any party planning on using video evidence should review Memo R.7, which provides that failure to comply with the guidelines set forth in that Memo “shall prohibit the filing or use of audiovisual evidence before the Commission.”

Administrative

February, 2012

Administrative

January, 2012

  • Members of the Industrial Commission will now sign orders electronically. Under the new procedure, Commissioners can sign orders in discretionary appeals remotely which will help eliminate delays.

Administrative

January, 2012

  • See the 2012 rates for workers’ compensation awards on our rates page.